Section 23(5)

In subsection (2B) for paragraph (a) substitute— the earlier trade mark has been put to genuine use in the United Kingdom by the proprietor or with their consent in relation to the goods or services for which it is registered— within the period of 5 years ending with the date of application for the declaration, and within the period of 5 years ending with the date of filing of the application for registration of the later trade mark or (where applicable) the date of the priority claimed in respect of that application where, at that date, the five year period within which the earlier trade mark should have been put to genuine use as provided in section 46(1)(a) has expired, or

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Source: legislation.gov.uk · retrieved 2026-09-04